Drawbridge Operation Regulation; Niantic River, Niantic, CT, 35241-35243 [2015-15190]
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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation issued in
conjunction with a regatta or marine
parade. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
to point 4 in position 33° 38′ 42.3″ N
079° 05′ 30.6″ W; thence north back to
origin. All coordinates are North
American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels, except those persons and
vessels participating in the event, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the Captain of the Port
Charleston or a designated
representative.
(2) Nonparticipant persons and
vessels desiring to enter, transit through,
anchor in, or remain within the
regulated area may contact the Captain
of the Port Charleston by telephone at
(843) 740–7050, or a designated
representative via VHF radio on channel
16 to seek authorization. If authorization
to enter, transit through, anchor in, or
remain within the regulated area is
granted by the Captain of the Port
Charleston or a designated
representative, all persons and vessels
receiving such permission must comply
with the instructions of the Captain of
the Port Charleston or a designated
representative.(3) The Coast Guard will
provide notice of the regulated area by
Broadcast Notice to Mariners, Local
Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement date. This rule will
be enforced daily from 9 a.m. until 7
p.m. on June 20 and June 21, 2015.
Dated: May 29, 2015.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
1. The authority citation for part 100
continues to read as follows:
■
[FR Doc. 2015–15186 Filed 6–18–15; 8:45 am]
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.T07–0340 to
read as follows:
BILLING CODE 9110–04–P
■
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§ 100.T07–0340 Special Local Regulations;
Grand National Drag Boat Races, Atlantic
Intracoastal Waterway, Bucksport, SC.
(a) Regulated area. The following
regulated area is established as a special
local regulation: All waters of the
Atlantic Intracoastal Waterway
encompassed within the following
points; starting at point 1 in position 33°
39′ 11.46″ N, 079° 05′ 36.78″ W; thence
west to point 2 in position 33° 39′
12.18″ N, 079° 05′ 47.76″ W; thence
south to point 3 in position 33° 38′
39.48″ N 079° 05′37.44″ W; thence east
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0218]
RIN 1625–AA09
Drawbridge Operation Regulation;
Niantic River, Niantic, CT
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
PO 00000
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35241
The Coast Guard is changing
the operating schedule that governs the
Amtrak Bridge, mile 0.0, at Niantic,
Connecticut. The bridge owner,
National Railroad Passenger Company
(Amtrak), submitted a request to remove
the special drawbridge operation
regulation because the bridge now
opens on signal at all times. It is
expected that this change to the
regulations will create efficiency in
drawbridge operations while continuing
to meet the reasonable needs of
navigation.
DATES: This rule is effective June 19,
2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0218. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type in the docket
number in the ‘‘Search.’’ box and click
‘‘SEARCH.’’ Click Open Docket Folder
on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Judy Leung-Yee, Project
Officer, First Coast Guard District Bridge
Branch, 212–514–4330, judy.k.leungyee@uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Regulatory History and Information
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because the Amtrak
Bridge, that once required draw
operations in 33 CFR 117.215(a), now
opens on signal at all times; therefore,
the regulation is no longer applicable
and shall be removed from publication.
It is unnecessary to publish an NPRM
because this regulatory action does not
E:\FR\FM\19JNR1.SGM
19JNR1
35242
Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
purport to place any restrictions on
mariners but rather removes a
restriction that has no further use or
value.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. The bridge has been opening
on signal at all times for many years and
this rule merely requires an
administrative change to the Federal
Register, in order to omit a regulatory
requirement that is no longer applicable
or necessary. The removal of the
regulation will not affect mariners
currently operating on this waterway.
Therefore, a delayed effective date is
unnecessary.
A. Basis and Purpose
The Amtrak Bridge at mile 0.0, across
the Niantic River, at Niantic,
Connecticut, has a vertical clearance of
16 feet at mean high water and 19 feet
at mean low water. The drawbridge
operation regulations are listed at 33
CFR 117.215(a).
The waterway users are commercial
and seasonal recreational vessels of
various sizes.
The owner of the bridge, Amtrak,
submitted a request to the Coast Guard
to change the drawbridge operating
regulations that presently allows the
bridge to open on signal; except that,
from April 1 through October 31, from
8 p.m. to 4 a.m. and from November 1
through March 31 from 6 p.m. to 6 a.m.,
the draw shall open on signal if at least
one hour notice is given.
When a train is scheduled cross the
bridge without stopping has entered the
drawbridge block, a delay in opening
the draw may occur until the train has
cleared the block.
Under this final rule the Amtrak
Bridge will open on signal at all times;
however, the paragraph that refers to
any delay in opening the draw should
a train be within the drawbridge block
shall remain in effect.
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B. Discussion of Final Rule
The Amtrak Bridge has been opening
on signal at all times for many years
despite the requirement in the
drawbridge operation regulation listed
at 33 CFR 117.215(a) to provide a one
hour advance notice at certain times of
year.
The owner of the bridge requested the
regulation for the Amtrak Bridge be
changed to reflect the present operation
of the bridge, to open on signal at all
times.
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15:11 Jun 18, 2015
Jkt 235001
C. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. We believe that this rule is not
a significant regulatory action because
the changes to the regulation will
remove the advanced notice burden for
mariners at all times.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard received no comments from the
Small Business Administration on this
rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will have no effect on small
entities for the following reason: The
Amtrak Bridge will open on signal at all
times.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule, if the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
E:\FR\FM\19JNR1.SGM
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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
■
11. Indian Tribal Governments
(a) The draw of the Amtrak Bridge,
mile 0.0, at Niantic, shall open on signal
at all times. When a train scheduled to
cross the bridge without stopping has
entered the drawbridge block, a delay in
opening the draw may occur until the
train has cleared the block. The delay
should not exceed 10 minutes.
*
*
*
*
*
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive order
13211, Actions Concerns Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule simply
promulgates the operating regulations or
procedures for drawbridges. This rule is
categorically excluded, under figure 2–
1, paragraph (32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
rmajette on DSK2TPTVN1PROD with RULES
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
VerDate Sep<11>2014
15:11 Jun 18, 2015
Jkt 235001
2. In § 33 CFR 117.215, revise
paragraph (a) to read as follows:
§ 117.215
Niantic River.
Dated: June 9, 2015.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2015–15190 Filed 6–18–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0521]
Drawbridge Operation Regulation; Isle
of Wight (Sinepuxent) Bay, Ocean City,
MD
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the US Route 50
Bridge across the Isle of Wight
(Sinepuxent) Bay, mile 0.5, at Ocean
City, MD. The deviation is necessary to
facilitate the Annual July 4th Fireworks
show. This deviation allows the bridge
to remain closed to navigation to
accommodate heavy volumes of
vehicular traffic following the fireworks
show.
DATES: This deviation is effective from
9:30 p.m. to 11:30 p.m. on July 4, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0521] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
SUMMARY:
PO 00000
Frm 00067
Fmt 4700
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35243
deviation, call or email Traci Whitfield,
Bridge Management Assistant, Fifth
Coast Guard District, telephone (757)
398–6629, email Traci.G.Whitfield@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone (202) 366–9826.
The Ocean
City Police Department on behalf of the
Maryland State Highway
Administration, has requested a
temporary deviation from the current
operating regulation of the US Route 50
Bridge across Isle of Wight (Sinepuxent)
Bay, mile 0.5, at Ocean City, MD. This
temporary deviation allows the US
Route 50 Bridge to remain closed to
navigation from 9:30 p.m. to 11:30 p.m.
on July 4, 2015. This is an additional 30
minutes before and after the normal
operating schedule for this bridge
during that time. This additional closure
has been requested to ensure the safety
of spectators that attend the annual
Ocean City July 4th fireworks show and
allow for the heavy volume of vehicular
traffic that transit across the drawbridge.
For these reasons, should inclement
weather prevent the fireworks event
from taking place as planned, this
deviation permits the bridge to remain
closed from 9:30 p.m. to 11:30 p.m. on
July 5th, 2015.
The vertical clearance of this bascule
bridge is 13 feet above mean high water
in the closed position and unlimited in
the open position. The current operating
regulation is outlined at 33 CFR
117.559(c), which allows the bridge to
remain closed to navigation from 10
p.m. to 11 p.m. to accommodate the
annual July 4th fireworks show
Vessels able to pass under the bridge
in the closed position may do so at any
time. The bridge will be able to open for
emergencies and the Atlantic Ocean can
be used as an alternate route for vessels
with mast heights greater than 13 feet.
The Coast Guard will also inform the
users of the waterways, through our
Local and Broadcast Notices to
Mariners, of the change in operating
schedule for the bridge so that vessels
can arrange their transits to minimize
any impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35241-35243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15190]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-0218]
RIN 1625-AA09
Drawbridge Operation Regulation; Niantic River, Niantic, CT
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating schedule that
governs the Amtrak Bridge, mile 0.0, at Niantic, Connecticut. The
bridge owner, National Railroad Passenger Company (Amtrak), submitted a
request to remove the special drawbridge operation regulation because
the bridge now opens on signal at all times. It is expected that this
change to the regulations will create efficiency in drawbridge
operations while continuing to meet the reasonable needs of navigation.
DATES: This rule is effective June 19, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0218. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type in the
docket number in the ``Search.'' box and click ``SEARCH.'' Click Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District Bridge Branch, 212-514-4330, judy.k.leung-yee@uscg.mil. If you
have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Amtrak Bridge, that once required
draw operations in 33 CFR 117.215(a), now opens on signal at all times;
therefore, the regulation is no longer applicable and shall be removed
from publication. It is unnecessary to publish an NPRM because this
regulatory action does not
[[Page 35242]]
purport to place any restrictions on mariners but rather removes a
restriction that has no further use or value.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been opening on
signal at all times for many years and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary. The
removal of the regulation will not affect mariners currently operating
on this waterway. Therefore, a delayed effective date is unnecessary.
A. Basis and Purpose
The Amtrak Bridge at mile 0.0, across the Niantic River, at
Niantic, Connecticut, has a vertical clearance of 16 feet at mean high
water and 19 feet at mean low water. The drawbridge operation
regulations are listed at 33 CFR 117.215(a).
The waterway users are commercial and seasonal recreational vessels
of various sizes.
The owner of the bridge, Amtrak, submitted a request to the Coast
Guard to change the drawbridge operating regulations that presently
allows the bridge to open on signal; except that, from April 1 through
October 31, from 8 p.m. to 4 a.m. and from November 1 through March 31
from 6 p.m. to 6 a.m., the draw shall open on signal if at least one
hour notice is given.
When a train is scheduled cross the bridge without stopping has
entered the drawbridge block, a delay in opening the draw may occur
until the train has cleared the block.
Under this final rule the Amtrak Bridge will open on signal at all
times; however, the paragraph that refers to any delay in opening the
draw should a train be within the drawbridge block shall remain in
effect.
B. Discussion of Final Rule
The Amtrak Bridge has been opening on signal at all times for many
years despite the requirement in the drawbridge operation regulation
listed at 33 CFR 117.215(a) to provide a one hour advance notice at
certain times of year.
The owner of the bridge requested the regulation for the Amtrak
Bridge be changed to reflect the present operation of the bridge, to
open on signal at all times.
C. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. We believe that this rule is not a
significant regulatory action because the changes to the regulation
will remove the advanced notice burden for mariners at all times.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will have no effect on small entities for the following
reason: The Amtrak Bridge will open on signal at all times.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule, if the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and
[[Page 35243]]
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
order 13211, Actions Concerns Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 33 CFR 117.215, revise paragraph (a) to read as follows:
Sec. 117.215 Niantic River.
(a) The draw of the Amtrak Bridge, mile 0.0, at Niantic, shall open
on signal at all times. When a train scheduled to cross the bridge
without stopping has entered the drawbridge block, a delay in opening
the draw may occur until the train has cleared the block. The delay
should not exceed 10 minutes.
* * * * *
Dated: June 9, 2015.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-15190 Filed 6-18-15; 8:45 am]
BILLING CODE 9110-04-P
